(영문) 서울고등법원 2016.03.03 2015나2052846

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(영문) 서울고등법원 2016.03.03 2015나2052846

부당이득반환

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) On February 19, 2013, the Plaintiff entered into the instant sales contract. On February 19, 2013, the Plaintiff: (a) the instant land and its ground buildings owned by the Defendant (hereinafter “instant land”; and (b) the “instant building”; and (c) collectively, the instant real estate.

(2) The sales contract to determine the purchase price of KRW 4.5 billion (hereinafter “instant sales contract”) and purchase the purchase price of KRW 4.5 billion

A) In the sale of the instant real estate under Article 1 of the Real Estate Sales Contract, the seller and the buyer (Plaintiff) are to pay the purchase price as follows. The purchase price: KRW 4.5 billion: The intermediate payment to be paid and received at the time of the contract: KRW 50 million: The seller shall pay the remainder of the purchase price in April 30, 2013. The seller (Defendant) who has entered into a special agreement shall receive all documents necessary for the registration of the transfer of ownership, deliver all documents necessary for the registration of the transfer of ownership, and cooperate in the registration procedure, and deliver the instant real estate on June 30, 2013. The seller (Plaintiff) shall compensate for the double payment of the down payment until the payment of the intermediate payment is made, and the buyer (Plaintiff) or the buyer may waive this contract by waivering the down payment and cancel this contract. In such cases, the seller (Defendant) or the other party to the contract may, in the event of default on obligation under this contract, demand the other party to the contract to discharge the contract in writing, respectively, and the seller may cancel the contract:

3) Meanwhile, the main contents of the special agreement regarding the instant sales contract are as follows. The agreement on the sale of real estate (land and building) (hereinafter “instant sales agreement”) are as follows.

A person shall be appointed.

2. A financial obligation of KRW 3.78 billion from the purchase price = 3.5 billion from Shin Jae-in.

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